Recently, the problems of medical escort of passenger transport services are becoming particularly relevant. Accidents involving the passengers using transport services, such as airplanes, trains, motor transport, etc., are increasingly covered in the mass media. At the same time, the emergency medical care provided by specialists with remote access to healthcare facilities, including specialized ones, is the only condition for minimizing injuries, their consequences, and the survival of victims. Therefore, nowadays the scientific community is often discussing the need to single out a separate industry in health care, such as transport medicine that would represent medical escort of passenger transport services and the order of its organization, which includes legislative definition and regulatory, structural, professional, financial, and technical supports. In the article the authors present their views of organizing transport medicine and offer possible ways of its solution.
Анализируются основания применения ст. 28 УПК РФ с позиции обоснованности и мотивированности принимаемого решения. Определены критерии дифференциации оснований применения ст. 25 и 28 УПК РФ. Сделан вывод, что для освобождения от уголовной ответственности по ст. 28 УПК РФ в тексте процессуального акта должна найти отражение вся совокупность предписаний ч. 1 ст. 75 УК РФ либо причины ее неполноты и обоснование достаточности имеющихся оснований для констатации утраты лицом общественной опасности. Ключевые слова: уголовное судопроизводство; согласительные процедуры; освобождение от уголовной ответственности; прекращение уголовного преследования; деятельное раскаяние.
The article deals with the problematic issues of the process of unification of criminal procedure legislation. Criminal procedure law as a legal phenomenon is studied through the prism of the science of hermeneutics, which examines the problems associated with the meaning of language, its understanding, explanation, interpretation and other aspects that are important for the unification of legislation. The authors note that following hermeneutic logic, criminal procedure law is a science in the sense in which it operates with general basic concepts and makes it possible to bring a specific fact under a typical generalization developed by this science. In criminal procedure law, as in any other law, it is important to understand, explain and interpret its text. The algorithm of full understanding of the text of articles of the criminal procedure law in aspect of hermeneutic logic is offered. Examples of violation of hermeneutic logic are given in articles of the Code of Criminal Procedure, procedural branches of the Russian law and it is concluded that modern lawmaking should take into account the provisions of hermeneutic science in order to preserve the uniform consolidation and interpretation of the fundamental provisions affecting the practice of law enforcement agencies and the court.
The law has a number of structures, the use of which, by analogy with the law, is possible in the conditions of the gradual introduction of autonomous robots into economic turnover. Will today's legal regulation be able to handle the issues of preventing harm with robots increasingly wide-spreading and increasingly autonomous. Analyzing and summarizing modern views of scientists regarding the concept of a source of increased danger, the practice of applying the relevant legal norms, as well as the analysis of legal provisions related to autonomous robots, we draw conclusions that it is impossible to classify autonomous robots as traditional sources of increased danger and it is objectively needed to identify them as independent objects of law autonomous sources of increased danger or sources of superdanger. The work substantiates the necessity of exempting the owners of such sources from increased responsibility (liability without fault) from the moment the robot starts working autonomously. It substantiates the necessity of creating a comprehensive system that ensures the safe operation of autonomous robots, which includes mandatory state certification of such objects, obtaining special permits by the owners of such objects, and mandatory insurance of risks. The proposed changes to the structure to prevent harm, consisting in the consolidation of certain provisions prohibiting activities in case the operating conditions of autonomous sources of increased danger are violated, in the proclamation of the presumption of guilt of the owner will create optimal conditions to minimize offenses.
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